Lewis v. Southwest Airlines Co.

Filing 20

ORDER denying 19 Motion to Remand. Signed by Chief Magistrate Judge Joseph C. Spero on June 8, 2016. (jcslc2S, COURT STAFF) (Filed on 6/8/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JUSTIN LEWIS, Plaintiff, 8 9 10 United States District Court Northern District of California 11 12 Case No. 16-cv-00749-JCS ORDER DENYING PLAINTIFF'S MOTION TO REMAND v. SOUTHWEST AIRLINES CO., Re: Dkt. No. 19 Defendant. On June 7, 2016, Plaintiff Justin Lewis filed a Motion, dkt. 19, requesting that the Court 13 vacate its venue transfer order, dkt. 18, and remand the case to California Superior Court, County 14 of Alameda. Lewis argues that he lacks Article III standing under the Supreme Court’s recent 15 decision in Spokeo, Inc. v. Robbins, 136 S. Ct. 1540 (2016), and the case must be remanded to 16 state court. Mot. at 3–6. Because the standing issue that Lewis raises is not straightforward, the 17 Court was not required to determine that jurisdictional issue before properly transferring the case 18 to the Northern District of Texas. S.F. Tech., Inc. v. Adobe Sys. Inc., et al., Nos. CV 10-01652 RS, 19 C 09-6083 RS, 2010 WL 1640397, at *2–3 (N.D. Cal. Apr. 19, 2010) (citing Sinochem Int’l Co. v. 20 Malaysia Int’l Shipping Corp., 549 U.S. 422, 431–432 (2007); In re: LimitNone, LLC, 551 F.3d 21 572, 577 (7th Cir. 2008); Pub. Emps.’ Ret. Sys. of Miss. v. Morgan Stanley, 605 F. Supp. 2d 1073 22 (C.D. Cal. 2009)). Lewis’s Motion is therefore DENIED and the hearing scheduled for August 23 12, 2016, is vacated. 24 25 IT IS SO ORDERED. Dated: June 8, 2016 26 27 28 JOSEPH C. SPERO United States Magistrate Judge

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